Legal Opinion

Central Vermont Public Service Corporation v. Harold Herbert and Edith Herbert

Court of Appeals for the Second Circuit

Decided August 21, 2003No. Docket 02-5060PublishedCited by 95 opinions

1Opinion of the Court

JOHN M. WALKER, JR., Chief Judge.

Defendant-appellant Central Vermont Public Service Corp. (“CVPS”) appeals from the district court’s order denying its Fed.R.Civ.P. 60(b)(4) motion. In that motion, CVPS sought relief from a bankruptcy court order permanently enjoining it from pursuing civil claims against the ap-pellees Harold and Edith Herbert (“the Herberts”). After waiting more than four years to challenge the bankruptcy court injunction, CVPS contended that the bankruptcy court order was void for lack of jurisdiction. The district court ruled that the Rule 60(b)(4) motion was untimely and…

2Cases cited21 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  3. Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
  4. In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
  5. St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989

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3Cited by95 opinions

  1. City of New York v. Mickalis Pawn Shop, LLCCourt of Appeals for the Second Circuit · 2011
  2. Grace v. Bank Leumi Trust Company Of New YorkCourt of Appeals for the Second Circuit · 2006
  3. R.F.M.A.S., Inc. v. Mimi SoDistrict Court, S.D. New York · 2009
  4. Burda Media, Inc. v. ViertelCourt of Appeals for the Second Circuit · 2005
  5. Bell Helicopter Textron, Inc. v. Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 2013

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